Bill Text: TX HB4000 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the expansion of eligibility for Medicaid by counties under the federal Patient Protection and Affordable Care Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-24 - Referred to Appropriations [HB4000 Detail]
Download: Texas-2015-HB4000-Introduced.html
84R11758 EES-D | ||
By: Blanco | H.B. No. 4000 |
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relating to the expansion of eligibility for Medicaid by counties | ||
under the federal Patient Protection and Affordable Care Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle I, Title 4, Government Code, is amended | ||
by adding Chapter 540 to read as follows: | ||
CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID BY COUNTIES | ||
Sec. 540.001. DEFINITION. In this chapter, "Medicaid" | ||
means the medical assistance program established under Title XIX, | ||
Social Security Act (42 U.S.C. Section 1396 et seq.). | ||
Sec. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION | ||
BY COUNTIES. (a) The executive commissioner shall seek a waiver | ||
under Section 1115 of the Social Security Act (42 U.S.C. Section | ||
1315) to the state Medicaid plan to expand the categories of persons | ||
eligible for Medicaid benefits by allowing a county to provide or | ||
coordinate the provision of Medicaid benefits to any resident of | ||
the county: | ||
(1) who is not otherwise eligible to receive Medicaid | ||
benefits under the program established under Chapter 32, Human | ||
Resources Code, and operated by the state, including through a | ||
waiver, other than one granted under this section, to the program; | ||
(2) who applies to receive Medicaid benefits; and | ||
(3) for whom federal matching funds are available | ||
under the Patient Protection and Affordable Care Act (Pub. L. No. | ||
111-148) as amended by the Health Care and Education Reconciliation | ||
Act of 2010 (Pub. L. No. 111-152) to provide Medicaid benefits. | ||
(b) The terms of a waiver under this section must: | ||
(1) specify the requirements for a county to provide | ||
or coordinate the provision of Medicaid benefits to persons | ||
described by Subsection (a); | ||
(2) specify the role of the commission in facilitating | ||
the provision of those Medicaid benefits; and | ||
(3) require that the state's share of the cost of | ||
Medicaid benefits that are provided, or the provision of which is | ||
coordinated, by a county and any administrative costs relating to | ||
the provision of those benefits be paid by local funds received by | ||
the state from the county through intergovernmental transfers. | ||
(c) The executive commissioner shall adopt rules necessary | ||
to implement this section, including rules that: | ||
(1) establish requirements for any delivery system | ||
implemented and operated by a county for the provision of Medicaid | ||
benefits; | ||
(2) establish qualifications for a person to be | ||
considered a resident of a county for purposes of receiving | ||
Medicaid benefits through the county; | ||
(3) prescribe changes to the commission's eligibility | ||
determination process for Medicaid benefits to accommodate the | ||
expanded categories of persons eligible to receive Medicaid | ||
benefits through a county; and | ||
(4) establish procedures for the commission to receive | ||
local funds from a county through intergovernmental transfers for | ||
payment of the state's share of the cost of Medicaid benefits that | ||
are provided, or the provision of which is coordinated, by the | ||
county and any administrative costs relating to the provision of | ||
those benefits. | ||
SECTION 2. (a) The Health and Human Services Commission | ||
shall actively develop a proposal for the waiver or other | ||
authorization from the appropriate federal agency as required by | ||
Chapter 540, Government Code, as added by this Act. | ||
(b) As soon as possible after the effective date of this | ||
Act, the Health and Human Services Commission shall request and | ||
actively pursue approval from the appropriate federal agency of the | ||
waiver or other authorization developed under Chapter 540, | ||
Government Code, as added by this Act. | ||
(c) If the waiver or other authorization developed under | ||
Chapter 540, Government Code, as added by this Act, is granted by | ||
the appropriate federal agency, as soon as possible after the date | ||
the waiver or other authorization is granted, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules required by Section 540.002(c), Government Code, as | ||
added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |